Argyll and Bute Council Proposed Local Development Plan Supplementary Guidance February 2013 Argyll and Bute Council Development and Infrastructure Director: Sandy Mactaggart Chomhairle Earra-Ghàidheal is Bhòid www.argyll-bute.gov.uk If you would like this document in another language or format, or if you require the services of an interpreter, please contact us. Gaelic Jeżeli chcieliby Państwo otrzymać ten dokument w innym języku lub w innym formacie albo jeżeIi potrzebna jest pomoc tłumacza, to prosimy o kontakt z nami. Polish Hindi Urdu Punjabi Cantonese Mandarin Argyll and Bute Council, Kilmory, Lochgilphead PA31 8RT Telephone: 01546 604437 Fax: 01546 604349 Contents Page Number Protecting, Conserving and Enhancing our Outstanding Environment 1 Together SG LDP ENV 1 – Development Impact on Habitats, Species and Our Biodiversity (ie. 2 biological diversity) SG LDP ENV 2 – Development Impact on European Sites 3 SG LDP ENV 3 – Management of European Sites 3 SG LDP ENV 4 – Development Impact on Sites of Special Scientific Interest (SSSIs) 4 and National Nature Reserves SG LDP ENV 5 – Development Impact on Local Nature Conservation Sites (LNCS) 4 SG LDP ENV 6 – Development Impact on Trees/Woodland 5 SG LDP ENV 7 – Water Quality and the Environment 6 SG LDP ENV 8 – Protection and Enhancement of Green Networks 6 SG LDP ENV 9 – Development Impact on Areas of Wild Land 7 SG LDP ENV 10 – Geodiversity 8 SG LDP ENV 11 – Protection of Soil and Peat Resources 8 SG LDP ENV 12 – Development Impact on National Scenic Areas (NSAs) 10 SG LDP ENV 13 – Development Impact on Areas of Panoramic Quality (APQs) 10 SG LDP ENV 14 – Landscape 11 SG LDP ENV 15 – Development Impact on Historic Gardens and Designed Landscapes 12 SG LDP ENV 16(a) – Development Impact on Listed Buildings 13 SG LDP ENV 16(b) – Demolition of Listed Buildings 15 SG LDP ENV 17 – Development in Conservation Areas and Special Built Environment 16 Areas SG LDP ENV 18 – Demolition in Conservation Areas 17 SG LDP ENV 19 – Development Impact on Scheduled Ancient Monuments 17 SG LDP ENV 20 – Development Impact on Sites of Archaeological Importance 18 SG LDP ENV 21 – Protection and Enhancement of Buildings 19 Coastal Development 20 SG LDP CST 1 – Coastal Development 21 SG LDP TRAN 8 – Piers and Harbours 31 i Creating a Sustainable and Growing Economy Together 36 SG LDP BUS 1 – Business and Industry Proposals in Existing Settlements and 37 Identified Business and Industry Areas SG LDP BUS 2 – Business and Industry Proposals in the Countryside Development 39 Management Zones* SG LDP BUS 3 – Safeguarding Existing Business and Industry Sites 40 SG LDP BUS 4 – Strategic Industrial and Business Locations 41 SG LDP BUS 5 – Economically Fragile Areas 41 SG LDP REN 1 – Wind Farm and Wind Turbine Development Over 50 Meters High 42 SG LDP REN 2 – Wind Turbine Development Up To 50 Metres High 43 SG LDP REN 3 – Other (Non‐Wind) Forms of Renewables Energy Related 44 Development SG LDP RET 1 – Retail Development in the Main Towns and Key Settlements – The 45 Sequential Approach SG LDP RET 2 – Change of Use to and from Use Class 1 (Shops) in the Core Shopping 46 Areas of the Main Town Centres SG LDP RET 3 – Retail Development in the Key Rural Settlements, Villages and Minor 46 Settlements SG LDP RET 4 – Retail Development within Countryside Development Management 47 Zones SG LDP RET 5 – Change of Use of Shops Outwith Designated Town Centres 48 SG LDP TOUR 1 – Tourist Facilities and Accommodation, including Static and Touring 48 Caravans SG LDP TOUR 2 – Safeguarding Valued Tourist Areas Vulnerable to Change of Use 49 SG LDP TOUR 3 – Promoting Tourism Development Areas 50 Aquaculture Development 51 SG LDP AQUA 1 – Aquaculture Development 55 Annex A – Planning Process for Aquaculture Development 95 Annex B – Council Adopted Marine and Coastal Plans 96 Annex C – Responsibilities of Statutory Authorities in Relation to Aquaculture 97 Development 98 Annex D – Marine Planning Area for Aquaculture Development Strengthening Our Communities Together 99 SG LDP HOU 1 – General Housing Development including Affordable Housing 100 Provision SG LDP HOU 2 – Special Needs Access Provision in Housing Developments 102 SG LDP HOU 3 – Housing Green‐Spaced 102 SG LDP HOU 4 – Residential Caravans and Sites (for Permanent Homes) 103 ii SG LDP REC/ – Safeguarding and Promotion of Sport, Leisure, Recreation, 103 COM 1 Open Space and Key Rural Services SG LDP COM 2 – Community Plans and New/Extended Crofting Townships 104 SG LDP PG 1 – Planning Gain 105 SG LDP ENF 1 – Enforcement Action 106 SG LDP DEP 1 – Departures to the Local Development Plan 106 SG LDP BAD 1 – Bad Neighbour Development 107 SG LDP BAD 2 – Bad Neighbour Development in Reverse 107 SG LDP ADV 1 – Advertisements 107 Shopfront/Advertising Design Principles 109 Sustainable Siting and Design Principles 113 Delivery of Affordable Housing 121 Maximising Our Resources and Reducing Consumption Together 127 SG LDP SERV 1 – Private Sewage Treatment Plants and Wastewater (ie. drainage) 128 systems SG LDP SERV 2 – Incorporation of Natural Features/Sustainable Drainage Systems 128 (SuDS) SG LDP SERV 3 – Drainage Impact Assessment (DIA) 129 SG LDP SERV 4 – Contaminated Land 129 SG LDP SERV 5 – Waste Related Development and Waste Management in 130 Development SG LDP SERV 6 – Private Water Supplies and Water Conservation 131 SG LDP SERV 7 – Flooding and Land Erosion – The Risk Framework for Development 133 SG LDP SERV 8 – Development in the Vicinity of Notifiable Installations 136 SG LDP SERV 9 – Safeguarding Better Quality Agricultural Land 137 SG LDP – Climate Change 137 SG LDP MIN 1 – Safeguarding of Mineral Resources 138 SG LDP MIN 2 – Mineral Extraction 139 Improving Our Connectivity and Infrastructure Together 141 SG LDP TRAN 1 – Access to the Outdoors 142 SG LDP TRAN 2 – Development and Public Transport Accessibility 144 SG LDP TRAN 3 – Special Needs Access Provision 145 SG LDP TRAN 4 – New and Existing, Public Roads and Private Access Regimes 145 SG LDP TRAN 5 – Off‐Site Highway Improvements 147 SG LDP TRAN 6 – Vehicle Parking Provision 147 SG LDP TRAN 7 – Safeguarding of Airports 148 iii Access and Parking Standards 149 SG LDP TEL 1 – Telecommunications 153 Sustainability Checklist 154 Definitions of Use Classes 156 Argyll and Bute Main Towns and Key Settlements 157 Argyll and Bute Key Rural Settlements 157 Argyll and Bute Villages and Minor Settlements 158 Biodiversity Checklist 161 iv Argyll and Bute Council Proposed Local Development Plan Protecting, Conserving and Enhancing our Outstanding Environment together Argyll and Bute Council Development and Infrastructure Director: Sandy Mactaggart Chomhairle Earra-Ghàidheal is Bhòid www.argyll-bute.gov.uk SG LDP ENV 1— Development Impact Biodiversity Checklist – see end of SG on Habitats, Species and our Document Biodiversity (i.e. biological diversity) 1.1 Justification (A) When considering development proposals Argyll and Bute Council will give full 1.1.1 Argyll and Bute is an internationally consideration to the legislation, policies and important area for nature and has the richest conservation objectives, contained within the biodiversity in Scotland which provides us with a following:‐ diverse range of the best examples in land‐use, (i) Habitats and Species listed under Annex I,II freshwater, marine and coastal habitats and & IV of the Habitats Directive; species. (ii) Species listed under Annex I & II of the Birds 1.1.2 Biodiversity simply means the variety of life Directive and Red and Amber status in ‘Birds of that surrounds and sustains us. This includes all Conservation Concern’; living things both plant and animal, including (iii) Article 10 Features under the Habitats people and the environment of which they are Directive; part. (iv) Wildlife and Countryside Act 1981; (and as 1.1.3 In Argyll and Bute there are strong amended by the Nature Conservation (Scotland) economic and social as well as moral and aesthetic, Act 2004); Species listed on Schedules 1, 5, 7, 8, arguments for conserving biodiversity. Habitats 9 and 14; and species could be lost to insensitive (v) Wildlife and Natural Environment (Scotland) development and can never be replaced once lost. Act 2011. A Code of Practice on Non‐Native In order to ensure that biological diversity (or Species supports this Act. “biodiversity”) is as rich as possible, it is very important that every opportunity is taken to (vi) Protection of Badgers Act 1992 protect and enhance the quality of the wider (B) When considering development proposals environment. the Council will also seek to contribute to the delivery of the objectives and targets set by the 1.1.4 The aim of this SG is to give stronger Local Biodiversity Action Plan (LBAP) and the protection to habitats and species, even when they Scottish Biodiversity Strategy. Proposals that are not associated with specifically designated incorporate and safeguard existing site interests nature conservation sites. within the design wherever possible will be encouraged. Applications for medium and large 1.1.5 At the same time it requires the early scale developments will be required to complete completion of a biodiversity checklist by a biodiversity checklist* developers, which includes invasive non‐native species for medium and larger scale developments Where there is evidence to suggest that a to help alert developers to potential biodiversity habitat or species of European, national and/or issues in an effort to avoid delay and unnecessary local importance exists on a proposed expense. development site or would be affected by the proposed development, the Council will require 1.1.6 The Wildlife and Natural Environment the applicant, at his/her own expense, to submit (Scotland) Act 2011 modernises legislation on the a specialist survey of the site’s natural management of wildlife and improves legislative environment, and if necessary a mitigation plan, provision for invasive non‐native species where with the planning application.